26 Jun 2001
S.Y. CHAN LTD. v. CHOY WAI BOR
- Citation
- S.Y. CHAN LTD. v. CHOY WAI BOR
- Court
- Court of First Instance
- Case number
- HCA1731/2000
The defendant's evidence of contemporaneous oral agreements purporting to render the cheque conditional or not payable was inadmissible under the parol evidence rule and relevant Hong Kong authorities; delivery to the plaintiff was effectual under s21 and not an escrow; dating by the plaintiff did not amount to an invalid material alteration; there was no arguable failure of consideration. Accordingly there was no triable issue and summary judgment was appropriate.